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D. Minn.Procedural orderFiled Nov. 20, 2018

Leventhal v. Tomford

Judge
Eric Tostrud
Docket
0:18-cv-00320
Court
U.S. District Court · District of Minnesota
Pages
2
Civil ProcedureSummary Judgment
In one sentence

In Leventhal v. Tomford, Judge Tostrud accepted a recommendation and denied Leventhal’s motions for counsel, service, and default or partial summary judgment.

Who this affects

Plaintiff Howard E. Leventhal’s motions were denied; the order accepted the magistrate judge’s report and recommendation concerning those motions.

What happened

Leventhal v. Tomford involved motions filed by plaintiff Howard E. Leventhal for appointment of counsel, to treat summonses as served, and for default or partial summary judgment.

A magistrate judge issued a report and recommendation on October 29, 2018. No party objected, so the court reviewed the recommendation for clear error.

The court found no clear error, accepted the recommendation, and denied all three motions. Judge Eric C. Tostrud signed the order on November 20, 2018.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Leventhal v. Tomford · No. 0:18-cv-00320
Judge
Eric Tostrud
Date
Nov. 20, 2018

Background

Plaintiff Howard E. Leventhal asked the court to appoint a lawyer for him, treat summonses as having been served, and enter default or partial summary judgment. The opinion identifies Travis Tomford and other listed individuals and entities as defendants.

Report and Recommendation

United States Magistrate Judge Katherine M. Menendez issued a report and recommendation on October 29, 2018. No party objected. Under the applicable procedure, the district court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s decision.

Ruling

The court found no clear error and accepted the report and recommendation. It denied Leventhal’s motions for appointment of counsel, to deem summonses served, and for default or partial summary judgment. Judge Eric C. Tostrud signed the order. The opinion does not provide further explanation of the reasons for denying those motions.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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